The insanity defense can be a very difficult road to take, but in some specific cases it may be appropriate. Only your experienced Oregon criminal defense attorney will be able to tell you if that is the right road for your case. In Oregon, an attorney must prove Guilty Except For Insanity, which requires the defense prove the defendant lacked criminal intent to make him or her legally responsible for whatever crime committed.
It is important to note that if it can be proven a defendant didn’t know wrong from right, the defendant may be acquitted. The same may be true if a defendant knew the action was wrong, but was unable to control his or herself.
The defense must show that because of a mental illness at the time of the criminal activity, the person lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of the law, meaning the person did not know his or her actions were criminal or couldn’t control his or her actions at the time.
In Oregon, the “insanity” defense is known as the Guilty Except for Insanity defense. When someone is found Guilty Except for Insanity, the judge will likely place the person under the jurisdiction of either the Oregon Psychiatric Security Review Board or the Oregon Health Authority.
If you are facing criminal charges in a case, only a Oregon criminal defense attorney can truly assess your case and advise the best course of action for you to take. Call today for your free, initial consultation.